Νόμοι — ΦΕΚ A' 74/2025

Parties shall ensure access to information related to the environmental impact assessment process under this Agreement. Notwithstanding this, Parties shall not be required to disclose confidential or proprietary information. The fact that confidential or proprietary information has been redacted shall be indicated in public documents. Article 33 Environmental impact assessment reports

Parties shall ensure the preparation of an environmental impact assessment report for any such assessment undertaken pursuant to this Part.

The environmental impact assessment report shall include, at a minimum, the following information: a description of the planned activity, including its location; a description of the results of the scoping exercise; a baseline assessment of the marine environment likely to be affected; a description of potential impacts, including potential cumulative impacts and any impacts in areas within national jurisdiction; a description of potential prevention, mitigation and management measures; a description of uncertainties and gaps in knowledge; information on the public consultation process; a description of the consideration of reasonable alternatives to the planned activity; a description of follow-up actions, including an environmental management plan; and a non-technical summary.

The Party shall make the draft environmental impact assessment report available through the Clearing-House Mechanism during the public consultation process, to provide an opportunity for the Scientific and Technical Body to consider and evaluate the report.

The Scientific and Technical Body, as appropriate and in a timely manner, may make comments to the Party on the draft environmental impact assessment report. The Party shall give consideration to any comments made by the Scientific and Technical Body.

Parties shall publish the reports of the environmental impact assessments, including through the Clearing-House Mechanism. The secretariat shall ensure that all Parties are notified in a timely manner when reports are published through the Clearing-House Mechanism. 36 and Technical Body, on the basis of relevant practices, procedures and knowledge under this Agreement, for the purpose of developing guidelines, including the identification of best practices.

A selection of the published information used in the screening process to make decisions on whether to conduct an environmental impact assessment, in accordance with articles 30 and 31, shall be considered and reviewed by the Scientific and Technical Body, on the basis of relevant practices, procedures and knowledge under this Agreement, for the purpose of developing guidelines, including the identification of best practices. Article 34 Decision-making

A Party under whose jurisdiction or control a planned activity falls shall be responsible for determining if it may proceed.

When determining whether the planned activity may proceed under this Part, full account shall be taken of an environmental impact assessment conducted in accordance with this Part. A decision to authorize the planned activity under the jurisdiction or control of a Party shall only be made when, taking into account mitigation or management measures, the Party has determined that it has made all reasonable efforts to ensure that the activity can be conducted in a manner consistent with the prevention of significant adverse impacts on the marine environment.

Decision documents shall clearly outline any conditions of approval related to mitigation measures and follow-up requirements. Decision documents shall be made public, including through the Clearing-House Mechanism.

At the request of a Party, the Conference of the Parties may provide advice and assistance to that Party when determining whether a planned activity under its jurisdiction or control may proceed. Article 35 Monitoring of impacts of authorized activities Parties shall, by using the best available science and scientific information and, where available, the relevant traditional knowledge of Indigenous Peoples and local communities, keep under surveillance the impacts of any activities in areas beyond national jurisdiction that they permit or in which they engage in order to determine whether these activities are likely to pollute or have adverse impacts on the marine environment. In particular, each Party shall monitor the environmental and any associated impacts, such as economic, social, cultural and human health impacts, of an authorized activity under their jurisdiction or control in accordance with the conditions set out in the approval of the activity. 37 Reporting on impacts of authorized activities

Parties, whether acting individually or collectively, shall periodically report on the impacts of the authorized activity and the results of the monitoring required under article 35.

Monitoring reports shall be made public, including through the Clearing-House Mechanism, and the Scientific and Technical Body may consider and evaluate the monitoring reports.

Monitoring reports shall be considered by the Scientific and Technical Body, on the basis of relevant practices, procedures and knowledge under this Agreement, for the purpose of developing guidelines on the monitoring of impacts of authorized activities, including the identification of best practices. Article 37 Review of authorized activities and their impacts

Parties shall ensure that the impacts of the authorized activity monitored pursuant to article 35 are reviewed.

Should the Party with jurisdiction or control over the activity identify significant adverse impacts that either were not foreseen in the environmental impact assessment, in nature or severity, or that arise from a breach of any of the conditions set out in the approval of the activity, the Party shall review its decision authorizing the activity, notify the Conference of the Parties, other Parties and the public, including through the Clearing-House Mechanism, and: (a) Require that measures be proposed and implemented to prevent, mitigate and/or manage those impacts or take any other necessary action and/or halt the activity, as appropriate; and (b) Evaluate, in a timely manner, any measures implemented or actions taken under subparagraph (a) above.

On the basis of the reports received under article 36, the Scientific and Technical Body may notify the Party that authorized the activity if it considers that the activity may have significant adverse impacts that were either not foreseen in the environmental impact assessment or that arise from a breach of any conditions of approval of the authorized activity and, as appropriate, may make recommendations to the Party.

(a) On the basis of the best available science and scientific information and, where available, relevant traditional knowledge of Indigenous Peoples and local communities, a Party may register its concerns, with the Party that authorized the activity and with the Scientific and Technical Body, that the authorized activity may have 38 assessment, in nature or severity, or that arise from a breach of any conditions of approval of the authorized activity; (b) The Party that authorized the activity shall give consideration to such concerns; (c) Upon consideration of the concerns registered by a Party, the Scientific and Technical Body shall consider and may evaluate the matter based on the best available science and scientific information and, where available, relevant traditional knowledge of Indigenous Peoples and local communities and may notify the Party that authorized the activity, if it considers that such activity may have significant adverse impacts that were either not foreseen in the environmental impact assessment or that arise from a breach of any conditions of approval of the authorized activity and, after giving that Party an opportunity to respond to the concerns registered and taking into account such response and as appropriate, may make recommendations to the Party that authorized the activity; (d) The registration of concerns, any notifications issued and any recommendations made by the Scientific and Technical Body shall be made publicly available, including through the Clearing-House Mechanism; (e) The Party that authorized the activity shall give consideration to any notifications issued and any recommendations made by the Scientific and Technical Body.

All States, in particular adjacent coastal States and any other States adjacent to the activity when they are potentially most affected States, and stakeholders shall be kept informed through the Clearing-House Mechanism and may be consulted in the monitoring, reporting and review processes in respect of an activity authorized under this Agreement.

Parties shall publish, including through the Clearing-House Mechanism: (a) Reports on the review of the impacts of the authorized activity; (b) Decision documents, including a record of the reasons for the decision by the Party, when a Party has changed its decision authorizing the activity. Article 38 Standards and/or guidelines to be developed by the Scientific and Technical Body related to environmental impact assessments

The Scientific and Technical Body shall develop standards or guidelines for consideration and adoption by the Conference of the Parties on: (a) The determination of whether the thresholds for the conduct of a screening or an environmental impact assessment under article 30 have been met or exceeded for planned activities, including on the basis of the non-exhaustive factors set out in paragraph 2 of that article; 39 and how those impacts should be taken into account in the environmental impact assessment process; (c) The assessment of impacts, in areas within national jurisdiction, of planned activities in areas beyond national jurisdiction and how those impacts should be taken into account in the environmental impact assessment process; (d) The public notification and consultation process under article 32, including the determination of what constitutes confidential or proprietary information; (e) The required content of environmental impact assessment reports and published information used in the screening process pursuant to article 33, including best practices; (f) The monitoring of and reporting on the impacts of authorized activities as set out in articles 35 and 36, including the identification of best practices; (g) The conduct of strategic environmental assessments.

The Scientific and Technical Body may also develop standards and guidelines for consideration and adoption by the Conference of the Parties, including on: (a) An indicative non-exhaustive list of activities that require or do not require an environmental impact assessment, as well as any criteria related to those activities, which shall be periodically updated; (b) The conduct of environmental impact assessments by Parties to this Agreement in areas identified as requiring protection or special attention.

Any standard shall be set out in an annex to this Agreement, in accordance with article 74. Article 39 Strategic environmental assessments

Parties shall, individually or in cooperation with other Parties, consider conducting strategic environmental assessments for plans and programmes relating to activities under their jurisdiction or control, to be conducted in areas beyond national jurisdiction, in order to assess the potential effects of such plans or programmes, as well as of alternatives, on the marine environment.

The Conference of the Parties may conduct a strategic environmental assessment of an area or region to collate and synthesize the best available information about the area or region, assess current and potential future impacts and identify data gaps and research priorities. 40 shall take into account the results of relevant strategic environmental assessments carried out under paragraphs 1 and 2 above, where available.

The Conference of the Parties shall develop guidance on the conduct of each category of strategic environmental assessment described in this article. PART V CAPACITY-BUILDING AND THE TRANSFER OF MARINE TECHNOLOGY Article 40 Objectives The objectives of this Part are to: (a) Assist Parties, in particular developing States Parties, in implementing the provisions of this Agreement, to achieve its objectives; (b) Enable inclusive, equitable and effective cooperation and participation in the activities undertaken under this Agreement; (c) Develop the marine scientific and technological capacity, including with respect to research, of Parties, in particular developing States Parties, with regard to the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including through access to marine technology by, and the transfer of marine technology to, developing States Parties; (d) Increase, disseminate and share knowledge on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction; (e) More specifically, support developing States Parties, in particular the least developed countries, landlocked developing countries, geographically disadvantaged States, small island developing States, coastal African States, archipelagic States and developing middle-income countries, through capacity-building and the development and transfer of marine technology under this Agreement, in achieving the objectives relating to: (i) Marine genetic resources, including the sharing of benefits, as reflected in article 9; (ii) Measures such as area-based management tools, including marine protected areas, as reflected in article 17; (iii) Environmental impact assessments, as reflected in article 27. 41 Cooperation in capacity-building and the transfer of marine technology

Parties shall cooperate, directly or through relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, to assist Parties, in particular developing States Parties, in achieving the objectives of this Agreement through capacity-building and the development and transfer of marine science and marine technology.

In providing capacity-building and the transfer of marine technology under this Agreement, Parties shall cooperate at all levels and in all forms, including through partnerships with and involving all relevant stakeholders, such as, where appropriate, the private sector, civil society, and Indigenous Peoples and local communities as holders of traditional knowledge, as well as through strengthening cooperation and coordination between relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies.

In giving effect to this Part, Parties shall give full recognition to the special requirements of developing States Parties, in particular the least developed countries, landlocked developing countries, geographically disadvantaged States, small island developing States, coastal African States, archipelagic States and developing middleincome countries. Parties shall ensure that the provision of capacity-building and the transfer of marine technology is not conditional on onerous reporting requirements. Article 42 Modalities for capacity-building and for the transfer of marine technology

Parties, within their capabilities, shall ensure capacity-building for developing States Parties and shall cooperate to achieve the transfer of marine technology, in particular to developing States Parties that need and request it, taking into account the special circumstances of small island developing States and of least developed countries, in accordance with the provisions of this Agreement.

Parties shall provide, within their capabilities, resources to support such capacitybuilding and the development and transfer of marine technology and to facilitate access to other sources of support, taking into account their national policies, priorities, plans and programmes.

Capacity-building and the transfer of marine technology should be a country-driven, transparent, effective and iterative process that is participatory, cross-cutting and genderresponsive. It shall build upon, as appropriate, and not duplicate existing programmes and be guided by lessons learned, including those from capacity-building and transfer of marine technology activities under relevant legal instruments and frameworks and relevant global, 42 these activities with a view to maximizing efficiency and results.

Capacity-building and the transfer of marine technology shall be based on and be responsive to the needs and priorities of developing States Parties, taking into account the special circumstances of small island developing States and of least developed countries, identified through needs assessments on an individual case-by-case, subregional or regional basis. Such needs and priorities may be self-assessed or facilitated through the capacity-building and transfer of marine technology committee and the Clearing-House Mechanism. Article 43 Additional modalities for the transfer of marine technology

Parties share a long-term vision of the importance of fully realizing technology development and transfer for inclusive, equitable and effective cooperation and participation in the activities undertaken under this Agreement and in order to fully achieve its objectives.

The transfer of marine technology undertaken under this Agreement shall take place on fair and most favourable terms, including on concessional and preferential terms, and in accordance with mutually agreed terms and conditions as well as the objectives of this Agreement.

Parties shall promote and encourage economic and legal conditions for the transfer of marine technology to developing States Parties, taking into account the special circumstances of small island developing States and of least developed countries, which may include providing incentives to enterprises and institutions.

The transfer of marine technology shall take into account all rights over such technologies and be carried out with due regard for all legitimate interests, including, inter alia, the rights and duties of holders, suppliers and recipients of marine technology and taking into particular consideration the interests and needs of developing States for the attainment of the objectives of this Agreement.

Marine technology transferred pursuant to this Part shall be appropriate, relevant and, to the extent possible, reliable, affordable, up to date, environmentally sound and available in an accessible form for developing States Parties, taking into account the special circumstances of small island developing States and of least developed countries. 43 Types of capacity-building and of the transfer of marine technology

In support of the objectives set out in article 40, the types of capacity-building and of the transfer of marine technology may include, but are not limited to, support for the creation or enhancement of the human, financial management, scientific, technological, organizational, institutional and other resource capabilities of Parties, such as: (a) The sharing and use of relevant data, information, knowledge and research results; (b) Information dissemination and awareness-raising, including with respect to relevant traditional knowledge of Indigenous Peoples and local communities, in line with the free, prior and informed consent of these Indigenous Peoples and, as appropriate, local communities; (c) The development and strengthening of relevant infrastructure, including equipment and capacity of personnel for its use and maintenance; (d) The development and strengthening of institutional capacity and national regulatory frameworks or mechanisms; (e) The development and strengthening of human and financial management resource capabilities and of technical expertise through exchanges, research collaboration, technical support, education and training and the transfer of marine technology; (f) The development and sharing of manuals, guidelines and standards; (g) The development of technical, scientific and research and development programmes; (h) The development and strengthening of capacities and technological tools for effective monitoring, control and surveillance of activities within the scope of this Agreement.

Further details concerning the types of capacity-building and of the transfer of marine technology identified in this article are elaborated in Annex II.

The Conference of the Parties, taking account of the recommendations of the capacity-building and transfer of marine technology committee, shall periodically, as necessary, review, assess and further develop and provide guidance on the indicative and non-exhaustive list of types of capacity-building and of transfer of marine technology elaborated in Annex II, to reflect technological progress and innovation and to respond and adapt to the evolving needs of States, subregions and regions. 44 Monitoring and review

Capacity-building and the transfer of marine technology undertaken in accordance with the provisions of this Part shall be monitored and reviewed periodically.

The monitoring and review referred to in paragraph 1 above shall be carried out by the capacity-building and transfer of marine technology committee under the authority of the Conference of the Parties and shall be aimed at: (a) Assessing and reviewing the needs and priorities of developing States Parties in terms of capacity-building and the transfer of marine technology, paying particular attention to the special requirements of developing States Parties and to the special circumstances of small island developing States and of least developed countries, in accordance with article 42, paragraph 4; (b) Reviewing the support required, provided and mobilized, as well as gaps in meeting the assessed needs of developing States Parties in relation to this Agreement; (c) Identifying and mobilizing funds under the financial mechanism established under article 52 to develop and implement capacity-building and the transfer of marine technology, including for the conduct of needs assessments; (d) Measuring performance on the basis of agreed indicators and reviewing results-based analyses, including on the output, outcomes, progress and effectiveness of capacity-building and transfer of marine technology under this Agreement, as well as successes and challenges; (e) Making recommendations for follow-up activities, including on how capacity-building and the transfer of marine technology could be further enhanced to allow developing States Parties, taking into account the special circumstances of small island developing States and of least developed countries, to strengthen their implementation of the Agreement in order to achieve its objectives.

In supporting the monitoring and review of capacity-building and the transfer of marine technology, Parties shall submit reports to the capacity-building and transfer of marine technology committee. Those reports should be in a format and at intervals to be determined by the Conference of the Parties, taking into account the recommendations of the capacity-building and transfer of marine technology committee. In submitting their reports, Parties shall take into account, where applicable, input from regional and subregional bodies on capacity-building and the transfer of marine technology. The reports submitted by Parties, as well as any input from regional and subregional bodies on capacity-building and the transfer of marine technology, should be made publicly available. The Conference of the Parties shall ensure that reporting requirements should be streamlined and not onerous, in particular for developing States Parties, including in terms of costs and time requirements. 45 Capacity-building and transfer of marine technology committee

A capacity-building and transfer of marine technology committee is hereby established.

The committee shall consist of members possessing appropriate qualifications and expertise, to serve objectively in the best interest of the Agreement, nominated by Parties and elected by the Conference of the Parties, taking into account gender balance and equitable geographical distribution and providing for representation on the committee from the least developed countries, from the small island developing States and from the landlocked developing countries. The terms of reference and modalities for the operation of the committee shall be decided by the Conference of the Parties at its first meeting.

The committee shall submit reports and recommendations that the Conference of the Parties shall consider and take action on as appropriate. PART VI INSTITUTIONAL ARRANGEMENTS Article 47 Conference of the Parties

A Conference of the Parties is hereby established.

The first meeting of the Conference of the Parties shall be convened by the Secretary-General of the United Nations no later than one year after the entry into force of this Agreement. Thereafter, ordinary meetings of the Conference of the Parties shall be held at regular intervals to be determined by the Conference of the Parties. Extraordinary meetings of the Conference of the Parties may be held at other times, in accordance with the rules of procedure.

The Conference of the Parties shall ordinarily meet at the seat of the secretariat or at United Nations Headquarters.

The Conference of the Parties shall by consensus adopt, at its first meeting, rules of procedure for itself and its subsidiary bodies, financial rules governing its funding and the funding of the secretariat and any subsidiary bodies and, thereafter, rules of procedure and financial rules for any further subsidiary body that it may establish. Until such time as the rules of procedure have been adopted, the rules of procedure of the intergovernmental conference on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction shall apply.

The Conference of the Parties shall make every effort to adopt decisions and recommendations by consensus. Except as otherwise provided in this Agreement, if all 46 Conference of the Parties on questions of substance shall be adopted by a two-thirds majority of the Parties present and voting, and decisions on questions of procedure shall be adopted by a majority of the Parties present and voting.

The Conference of the Parties shall keep under review and evaluation the implementation of this Agreement and, for this purpose, shall: (a) Adopt decisions and recommendations related to the implementation of this Agreement; (b) Review and facilitate the exchange of information among Parties relevant to the implementation of this Agreement; (c) Promote, including by establishing appropriate processes, cooperation and coordination with and among relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, with a view to promoting coherence among efforts towards the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction; (d) Establish such subsidiary bodies as deemed necessary to support the implementation of this Agreement; (e) Adopt a budget by a three-fourths majority of the Parties present and voting if all efforts to reach consensus have been exhausted, at such frequency and for such a financial period as it may determine; (f) Undertake other functions identified in this Agreement or as may be required for its implementation.

The Conference of the Parties may decide to request the International Tribunal for the Law of the Sea to give an advisory opinion on a legal question on the conformity with this Agreement of a proposal before the Conference of the Parties on any matter within its competence. A request for an advisory opinion shall not be sought on a matter within the competences of other global, regional, subregional or sectoral bodies, or on a matter that necessarily involves the concurrent consideration of any dispute concerning sovereignty or other rights over continental or insular land territory or a claim thereto, or the legal status of an area as within national jurisdiction. The request shall indicate the scope of the legal question on which the advisory opinion is sought. The Conference of the Parties may request that such opinion be given as a matter of urgency.

The Conference of the Parties shall, within five years of the entry into force of this Agreement and thereafter at intervals to be determined by it, assess and review the adequacy and effectiveness of the provisions of this Agreement and, if necessary, propose means of strengthening the implementation of those provisions in order to better address the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. 47 Transparency

The Conference of the Parties shall promote transparency in decision-making processes and other activities carried out under this Agreement.

All meetings of the Conference of the Parties and its subsidiary bodies shall be open to observers participating in accordance with the rules of procedure unless otherwise decided by the Conference of the Parties. The Conference of the Parties shall publish and maintain a public record of its decisions.

The Conference of the Parties shall promote transparency in the implementation of this Agreement, including through the public dissemination of information and the facilitation of the participation of, and consultation with, relevant global, regional, subregional and sectoral bodies, Indigenous Peoples and local communities with relevant traditional knowledge, the scientific community, civil society and other relevant stakeholders, as appropriate and in accordance with the provisions of this Agreement.

Representatives of States not party to this Agreement, relevant global, regional, subregional and sectoral bodies, Indigenous Peoples and local communities with relevant traditional knowledge, the scientific community, civil society and other relevant stakeholders with an interest in matters pertaining to the Conference of the Parties may request to participate as observers in the meetings of the Conference of the Parties and of its subsidiary bodies. The rules of procedure of the Conference of the Parties shall provide for modalities for such participation and shall not be unduly restrictive in this respect. The rules of procedure shall also provide for such representatives to have timely access to all relevant information. Article 49 Scientific and Technical Body

A Scientific and Technical Body is hereby established.

The Scientific and Technical Body shall be composed of members serving in their expert capacity and in the best interest of the Agreement, nominated by Parties and elected by the Conference of the Parties, with suitable qualifications, taking into account the need for multidisciplinary expertise, including relevant scientific and technical expertise and expertise in relevant traditional knowledge of Indigenous Peoples and local communities, gender balance and equitable geographical representation. The terms of reference and modalities for the operation of the Scientific and Technical Body, including its selection process and the terms of members’ mandates, shall be determined by the Conference of the Parties at its first meeting.

The Scientific and Technical Body may draw on appropriate advice emanating from relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, as well as from other scientists and experts, as may be required. 48 account the multidisciplinary expertise referenced in paragraph 2 above, the Scientific and Technical Body shall provide scientific and technical advice to the Conference of the Parties, perform the functions assigned to it under this Agreement and such other functions as may be determined by the Conference of the Parties and provide reports to the Conference of the Parties on its work. Article 50 Secretariat

A secretariat is hereby established. The Conference of the Parties, at its first meeting, shall make arrangements for the functioning of the secretariat, including deciding on its seat.

Until such time as the secretariat commences its functions, the Secretary-General of the United Nations, through the Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs of the United Nations Secretariat, shall perform the secretariat functions under this Agreement.

The secretariat and the host State may conclude a headquarters agreement. The secretariat shall enjoy legal capacity in the territory of the host State and be granted such privileges and immunities by the host State as are necessary for the exercise of its functions.

The secretariat shall: (a) Provide administrative and logistical support to the Conference of the Parties and its subsidiary bodies for the purposes of the implementation of this Agreement; (b) Arrange and service the meetings of the Conference of the Parties and of any other bodies as may be established under this Agreement or by the Conference of the Parties; (c) Circulate information relating to the implementation of this Agreement in a timely manner, including making decisions of the Conference of the Parties publicly available and transmitting them to all Parties, as well as to relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies; (d) Facilitate cooperation and coordination, as appropriate, with the secretariats of other relevant international bodies and, in particular, enter into such administrative and contractual arrangements as may be required for that purpose and for the effective discharge of its functions, subject to approval by the Conference of the Parties; (e) Prepare reports on the execution of its functions under this Agreement and submit them to the Conference of the Parties; 49 such other functions as may be determined by the Conference of the Parties or assigned to it under this Agreement. Article 51 Clearing-House Mechanism

A Clearing-House Mechanism is hereby established.

The Clearing-House Mechanism shall consist primarily of an open-access platform. The specific modalities for the operation of the Clearing-House Mechanism shall be determined by the Conference of the Parties.

The Clearing-House Mechanism shall: (a) Serve as a centralized platform to enable Parties to access, provide and disseminate information with respect to activities taking place pursuant to the provisions of this Agreement, including information relating to: (i) Marine genetic resources of areas beyond national jurisdiction, as set out in Part II of this Agreement; (ii) The establishment and implementation of area-based management tools, including marine protected areas; (iii) Environmental impact assessments; (iv) Requests for capacity-building and the transfer of marine technology and opportunities with respect thereto, including research collaboration and training opportunities, information on sources and availability of technological information and data for the transfer of marine technology, opportunities for facilitated access to marine technology and the availability of funding; (b) Facilitate the matching of capacity-building needs with the support available and with providers for the transfer of marine technology, including governmental, nongovernmental or private entities interested in participating as donors in the transfer of marine technology, and facilitate access to related know-how and expertise; (c) Provide links to relevant global, regional, subregional, national and sectoral clearing-house mechanisms and other gene banks, repositories and databases, including those pertaining to relevant traditional knowledge of Indigenous Peoples and local communities, and promote, where possible, links with publicly available private and nongovernmental platforms for the exchange of information; (d) Build on global, regional and subregional clearing-house institutions, where applicable, when establishing regional and subregional mechanisms under the global mechanism; 50 environmental baseline data and information relating to the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction between Parties and other relevant stakeholders; (f) Facilitate international cooperation and collaboration, including scientific and technical cooperation and collaboration; (g) Perform such other functions as may be determined by the Conference of the Parties or assigned to it under this Agreement.

The Clearing-House Mechanism shall be managed by the secretariat, without prejudice to possible cooperation with other relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies as determined by the Conference of the Parties, including the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, the International Seabed Authority, the International Maritime Organization and the Food and Agriculture Organization of the United Nations.

In the management of the Clearing-House Mechanism, full recognition shall be given to the special requirements of developing States Parties, as well as the special circumstances of small island developing States Parties, and their access to the mechanism shall be facilitated to enable those States to utilize it without undue obstacles or administrative burdens. Information shall be included on activities to promote informationsharing, awareness-raising and dissemination in and with those States, as well as to provide specific programmes for those States.

The confidentiality of information provided under this Agreement and rights thereto shall be respected. Nothing under this Agreement shall be interpreted as requiring the sharing of information that is protected from disclosure under the domestic law of a Party or other applicable law. PART VII FINANCIAL RESOURCES AND MECHANISM Article 52 Funding

Each Party shall provide, within its capabilities, resources in respect of those activities that are intended to achieve the objectives of this Agreement, taking into account its national policies, priorities, plans and programmes.

The institutions established under this Agreement shall be funded through assessed contributions of the Parties. 51 predictable financial resources under this Agreement is hereby established. The mechanism shall assist developing States Parties in implementing this Agreement, including through funding in support of capacity-building and the transfer of marine technology, and perform other functions as set out in this article for the conservation and sustainable use of marine biological diversity.

The mechanism shall include: (a) A voluntary trust fund established by the Conference of the Parties to facilitate the participation of representatives of developing States Parties, in particular least developed countries, landlocked developing countries and small island developing States, in the meetings of the bodies established under this Agreement; (b) A special fund that shall be funded through the following sources: (i) Annual contributions in accordance with article 14, paragraph 6; (ii) Payments in accordance with article 14, paragraph 7; (iii) Additional contributions from Parties and private entities wishing to provide financial resources to support the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction; (c) The Global Environment Facility trust fund.

The Conference of the Parties may consider the possibility of establishing additional funds, as part of the financial mechanism, to support the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, to finance rehabilitation and ecological restoration of marine biological diversity of areas beyond national jurisdiction.

The special fund and the Global Environment Facility trust fund shall be utilized in order to: (a) Fund capacity-building projects under this Agreement, including effective projects on the conservation and sustainable use of marine biological diversity and activities and programmes, including training related to the transfer of marine technology; (b) Assist developing States Parties in implementing this Agreement; (c) Support conservation and sustainable use programmes by Indigenous Peoples and local communities as holders of traditional knowledge; (d) Support public consultations at the national, subregional and regional levels; (e) Fund the undertaking of any other activities as decided by the Conference of the Parties. 52 complementarity and coherence promoted, among the utilization of the funds within the mechanism.

Financial resources mobilized in support of the implementation of this Agreement may include funding provided through public and private sources, both national and international, including, but not limited to, contributions from States, international financial institutions, existing funding mechanisms under global and regional instruments, donor agencies, intergovernmental organizations, non-governmental organizations and natural and juridical persons, and through public-private partnerships.

For the purposes of this Agreement, the mechanism shall function under the authority, where appropriate, and guidance of the Conference of the Parties and shall be accountable thereto. The Conference of the Parties shall provide guidance on overall strategies, policies, programme priorities and eligibility for access to and utilization of financial resources.

The Conference of the Parties and the Global Environment Facility shall agree upon arrangements to give effect to the above paragraphs at the first meeting of the Conference of the Parties.

In recognition of the urgency to address the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, the Conference of the Parties shall determine an initial resource mobilization goal through 2030 for the special fund from all sources, taking into account, inter alia, the institutional modalities of the special fund and the information provided through the capacity-building and transfer of marine technology committee.

Eligibility for access to funding under this Agreement shall be open to developing States Parties on the basis of need. Funding under the special fund shall be distributed according to equitable sharing criteria, taking into account the needs for assistance of Parties with special requirements, in particular the least developed countries, landlocked developing countries, geographically disadvantaged States, small island developing States and coastal African States, archipelagic States and developing middle-income countries, and taking into account the special circumstances of small island developing States and of least developed countries. The special fund shall be aimed at ensuring efficient access to funding through simplified application and approval procedures and enhanced readiness of support for such developing States Parties.

In the light of capacity constraints, Parties shall encourage international organizations to grant preferential treatment to, and consider the specific needs and special requirements of developing States Parties, in particular the least developed countries, landlocked developing countries and small island developing States, and taking into account the special circumstances of small island developing States and of least developed countries, in the allocation of appropriate funds and technical assistance and the utilization 53 marine biological diversity of areas beyond national jurisdiction.

The Conference of the Parties shall establish a finance committee on financial resources. It shall be composed of members possessing appropriate qualifications and expertise, taking into account gender balance and equitable geographical distribution. The terms of reference and modalities for the operation of the committee shall be decided by the Conference of the Parties. The committee shall periodically report and make recommendations on the identification and mobilization of funds under the mechanism. It shall also collect information and report on funding under other mechanisms and instruments contributing directly or indirectly to the achievement of the objectives of this Agreement. In addition to the considerations provided in this article, the committee shall consider, inter alia: (a) The assessment of the needs of the Parties, in particular developing States Parties; (b) The availability and timely disbursement of funds; (c) The transparency of decision-making and management processes concerning fundraising and allocations; (d) The accountability of the recipient developing States Parties with respect to the agreed use of funds.

The Conference of the Parties shall consider the reports and recommendations of the finance committee and take appropriate action.

The Conference of the Parties shall, in addition, undertake a periodic review of the financial mechanism to assess the adequacy, effectiveness and accessibility of financial resources, including for the delivery of capacity-building and the transfer of marine technology, in particular for developing States Parties. PART VIII IMPLEMENTATION AND COMPLIANCE Article 53 Implementation Parties shall take the necessary legislative, administrative or policy measures, as appropriate, to ensure the implementation of this Agreement. 54 Monitoring of implementation Each Party shall monitor the implementation of its obligations under this Agreement and shall, in a format and at intervals to be determined by the Conference of the Parties, report to the Conference on measures that it has taken to implement this Agreement. Article 55 Implementation and Compliance Committee

An Implementation and Compliance Committee to facilitate and consider the implementation of and promote compliance with the provisions of this Agreement is hereby established. The Implementation and Compliance Committee shall be facilitative in nature and function in a manner that is transparent, non-adversarial and non-punitive.

The Implementation and Compliance Committee shall consist of members possessing appropriate qualifications and experience nominated by Parties and elected by the Conference of the Parties, with due consideration given to gender balance and equitable geographical representation.

The Implementation and Compliance Committee shall operate under the modalities and rules of procedure adopted by the Conference of the Parties at its first meeting. The Implementation and Compliance Committee shall consider issues of implementation and compliance at the individual and systemic levels, inter alia, and report periodically and make recommendations, as appropriate while cognizant of respective national circumstances, to the Conference of the Parties.

In the course of its work, the Implementation and Compliance Committee may draw on appropriate information from bodies established under this Agreement, as well as relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies, as may be required. PART IX SETTLEMENT OF DISPUTES Article 56 Prevention of disputes Parties shall cooperate in order to prevent disputes. Article 57 Obligation to settle disputes by peaceful means Parties have the obligation to settle their disputes concerning the interpretation or application of this Agreement by negotiation, inquiry, mediation, conciliation, arbitration, 55 their own choice. Article 58 Settlement of disputes by any peaceful means chosen by the Parties Nothing in this Part impairs the right of any Party to this Agreement to agree at any time to settle a dispute between them concerning the interpretation or application of this Agreement by any peaceful means of their own choice. Article 59 Disputes of a technical nature Where a dispute concerns a matter of a technical nature, the Parties concerned may refer the dispute to an ad hoc expert panel established by them. The panel shall confer with the Parties concerned and shall endeavour to resolve the dispute expeditiously without recourse to binding procedures for the settlement of disputes under article 60 of this Agreement. Article 60 Procedures for the settlement of disputes

Disputes concerning the interpretation or application of this Agreement shall be settled in accordance with the provisions for the settlement of disputes provided for in Part XV of the Convention.

The provisions of Part XV of and Annexes V, VI, VII and VIII to the Convention shall be deemed to be replicated for the purpose of the settlement of disputes involving a Party to this Agreement that is not a Party to the Convention.

Any procedure accepted by a Party to this Agreement that is also a Party to the Convention pursuant to article 287 of the Convention shall apply to the settlement of disputes under this Part, unless that Party, when signing, ratifying, approving, accepting or acceding to this Agreement, or at any time thereafter, has accepted another procedure pursuant to article 287 of the Convention for the settlement of disputes under this Part.

Any declaration made by a Party to this Agreement that is also a Party to the Convention pursuant to article 298 of the Convention shall apply to the settlement of disputes under this Part, unless that Party, when signing, ratifying, approving, accepting or acceding to this Agreement, or at any time thereafter, has made a different declaration pursuant to article 298 of the Convention for the settlement of disputes under this Part.

Pursuant to paragraph 2 above, a Party to this Agreement that is not a Party to the Convention, when signing, ratifying, approving, accepting or acceding to this Agreement, 56 submitted to the depositary, one or more of the following means for the settlement of disputes concerning the interpretation or application of this Agreement: (a) The International Tribunal for the Law of the Sea; (b) The International Court of Justice; (c) An Annex VII arbitral tribunal; (d) An Annex VIII special arbitral tribunal for one or more of the categories of disputes specified in said Annex.

A Party to this Agreement that is not a Party to the Convention that has not issued a declaration shall be deemed to have accepted the option in paragraph 5 (c) above. If the parties to a dispute have accepted the same procedure for the settlement of the dispute, it may be submitted only to that procedure, unless the parties otherwise agree. If the parties to a dispute have not accepted the same procedure for the settlement of the dispute, it may be submitted only to arbitration under Annex VII to the Convention, unless the parties otherwise agree. Article 287, paragraphs 6 to 8, of the Convention shall apply to declarations made under paragraph 5 above.

A Party to this Agreement that is not a Party to the Convention may, when signing, ratifying, approving, accepting or acceding to this Agreement, or at any time thereafter, without prejudice to the obligations arising under this Part, declare in writing that it does not accept any or more of the procedures provided for in Part XV, section 2, of the Convention with respect to one or more of the categories of disputes set out in article 298 of the Convention for the settlement of disputes under this Part. Article 298 of the Convention shall apply to such a declaration.

The provisions of this article shall be without prejudice to the procedures on the settlement of disputes to which Parties have agreed as participants in a relevant legal instrument or framework, or as members of a relevant global, regional, subregional or sectoral body concerning the interpretation or application of such instruments and frameworks.

Nothing in this Agreement shall be interpreted as conferring jurisdiction upon a court or tribunal over any dispute that concerns or necessarily involves the concurrent consideration of the legal status of an area as within national jurisdiction, nor over any dispute concerning sovereignty or other rights over continental or insular land territory or a claim thereto of a Party to this Agreement, provided that nothing in this paragraph shall be interpreted as limiting the jurisdiction of a court or tribunal under Part XV, section 2, of the Convention.

For the avoidance of doubt, nothing in this Agreement shall be relied upon as a basis for asserting or denying any claims to sovereignty, sovereign rights or jurisdiction over land or maritime areas, including in respect to any disputes relating thereto. 57 Provisional arrangements Pending the settlement of a dispute in accordance with this Part, the parties to the dispute shall make every effort to enter into provisional arrangements of a practical nature. PART X NON-PARTIES TO THIS AGREEMENT Article 62 Non-parties to this Agreement Parties shall encourage non-parties to this Agreement to become Parties thereto and to adopt laws and regulations consistent with its provisions. PART XI GOOD FAITH AND ABUSE OF RIGHTS Article 63 Good faith and abuse of rights Parties shall fulfil in good faith the obligations assumed under this Agreement and exercise the rights recognized therein in a manner that would not constitute an abuse of right. PART XII FINAL PROVISIONS Article 64 Right to vote

Each Party to this Agreement shall have one vote, except as provided for in paragraph 2 below.

A regional economic integration organization Party to this Agreement, on matters within its competence, shall exercise its right to vote with a number of votes equal to the number of its member States that are Parties to this Agreement. Such an organization shall not exercise its right to vote if any of its member States exercises its right to vote, and vice versa. 58 Signature This Agreement shall be open for signature by all States and regional economic integration organizations from 20 September 2023 and shall remain open for signature at United Nations Headquarters in New York until 20 September 2025. Article 66 Ratification, approval, acceptance and accession This Agreement shall be subject to ratification, approval or acceptance by States and regional economic integration organizations. It shall be open for accession by States and regional economic integration organizations from the day after the date on which the Agreement is closed for signature. Instruments of ratification, approval, acceptance and accession shall be deposited with the Secretary-General of the United Nations. Article 67 Division of the competence of regional economic integration organizations and their member States in respect of the matters governed by this Agreement

Any regional economic integration organization that becomes a Party to this Agreement without any of its member States being a Party shall be bound by all the obligations under this Agreement. In the case of such organizations, one or more of whose member States is a Party to this Agreement, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under this Agreement. In such cases, the organization and the member States shall not be entitled to exercise rights under this Agreement concurrently.

In its instrument of ratification, approval, acceptance or accession, a regional economic integration organization shall declare the extent of its competence in respect of the matters governed by this Agreement. Any such organization shall also inform the depositary, who shall in turn inform the Parties, of any relevant modification of the extent of its competence. Article 68 Entry into force

This Agreement shall enter into force 120 days after the date of deposit of the sixtieth instrument of ratification, approval, acceptance or accession.

For each State or regional economic integration organization that ratifies, approves or accepts this Agreement or accedes thereto after the deposit of the sixtieth instrument of ratification, approval, acceptance or accession, this Agreement shall enter into force on the 59 accession, subject to paragraph 1 above.

For the purposes of paragraphs 1 and 2 above, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by the member States of that organization. Article 69 Provisional application

This Agreement may be applied provisionally by a State or regional economic integration organization that consents to its provisional application by so notifying the depositary in writing at the time of signature or deposit of its instrument of ratification, approval, acceptance or accession. Such provisional application shall become effective from the date of receipt of the notification by the depositary.

Provisional application by a State or regional economic integration organization shall terminate upon the entry into force of this Agreement for that State or regional economic integration organization or upon notification by that State or regional economic integration organization to the depositary in writing of its intention to terminate its provisional application. Article 70 Reservations and exceptions No reservations or exceptions may be made to this Agreement, unless expressly permitted by other articles of this Agreement. Article 71 Declarations and statements Article 70 does not preclude a State or regional economic integration organization, when signing, ratifying, approving, accepting or acceding to this Agreement, from making declarations or statements, however phrased or named, with a view, inter alia, to the harmonization of its laws and regulations with the provisions of this Agreement, provided that such declarations or statements do not purport to exclude or to modify the legal effect of the provisions of this Agreement in their application to that State or regional economic integration organization. Article 72 Amendment

A Party may, by written communication addressed to the secretariat, propose amendments to this Agreement. The secretariat shall circulate such a communication to all 60 less than one half of the Parties reply favourably to the request, the proposed amendment shall be considered at the following meeting of the Conference of the Parties.

An amendment to this Agreement adopted in accordance with article 47 shall be communicated by the depositary to all Parties for ratification, approval or acceptance.

Amendments to this Agreement shall enter into force for the Parties ratifying, approving or accepting them on the thirtieth day following the deposit of instruments of ratification, approval or acceptance by two thirds of the number of Parties to this Agreement as at the time of adoption of the amendment. Thereafter, for each Party depositing its instrument of ratification, approval or acceptance of an amendment after the deposit of the required number of such instruments, the amendment shall enter into force on the thirtieth day following the deposit of its instrument of ratification, approval or acceptance.

An amendment may provide, at the time of its adoption, that a smaller or larger number of ratifications, approvals or acceptances shall be required for its entry into force than required under this article.

For the purposes of paragraphs 3 and 4 above, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by the member States of that organization.

A State or regional economic integration organization that becomes a Party to this Agreement after the entry into force of amendments in accordance with paragraph 3 above shall, failing an expression of a different intention by that State or regional economic integration organization: (a) Be considered as a Party to this Agreement as so amended; (b) Be considered as a Party to the unamended Agreement in relation to any Party not bound by the amendment. Article 73 Denunciation

A Party may, by written notification addressed to the Secretary-General of the United Nations, denounce this Agreement and may indicate its reasons. Failure to indicate reasons shall not affect the validity of the denunciation. The denunciation shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.

The denunciation shall not in any way affect the duty of any Party to fulfil any obligation embodied in this Agreement to which it would be subject under international law independently of this Agreement. 61 Annexes

The annexes form an integral part of this Agreement and, unless expressly provided otherwise, a reference to this Agreement or to one of its parts includes a reference to the annexes relating thereto.

The provisions of article 72 relating to the amendment of this Agreement shall also apply to the proposal, adoption and entry into force of a new annex to the Agreement.

Any Party may propose an amendment to any annex to this Agreement for consideration at the next meeting of the Conference of the Parties. The annexes may be amended by the Conference of the Parties. Notwithstanding the provisions of article 72, the following provisions shall apply in relation to amendments to annexes to this Agreement: (a) The text of the proposed amendment shall be communicated to the secretariat at least 150 days before the meeting. The secretariat shall, upon receiving the text of the proposed amendment, communicate it to the Parties. The secretariat shall consult relevant subsidiary bodies, as required, and shall communicate any response to all Parties not later than 30 days before the meeting; (b) Amendments adopted at a meeting shall enter into force 180 days after the close of that meeting for all Parties, except those that make an objection in accordance with paragraph 4 below.

During the period of 180 days provided for in paragraph 3 (b) above, any Party may, by notification in writing to the depositary, make an objection with respect to the amendment. Such objection may be withdrawn at any time by written notification to the depositary and, thereupon, the amendment to the annex shall enter into force for that Party on the thirtieth day after the date of withdrawal of the objection. Article 75 Depositary The Secretary-General of the United Nations shall be the depositary of this Agreement and any amendments or revisions thereto. Article 76 Authentic texts The Arabic, Chinese, English, French, Russian and Spanish texts of this Agreement are equally authentic. 62 Indicative criteria for identification of areas (a) Uniqueness; (b) Rarity; (c) Special importance for the life history stages of species; (d) Special importance of the species found therein; (e) The importance for threatened, endangered or declining species or habitats; (f) Vulnerability, including to climate change and ocean acidification; (g) Fragility; (h) Sensitivity; (i) Biological diversity and productivity; (j) Representativeness; (k) Dependency; (l) Naturalness; (m) Ecological connectivity; (n) Important ecological processes occurring therein; (o) Economic and social factors; (p) Cultural factors; (q) Cumulative and transboundary impacts; (r) Slow recovery and resilience; (s) Adequacy and viability; (t) Replication; (u) Sustainability of reproduction; (v) Existence of conservation and management measures. 63 Types of capacity-building and of the transfer of marine technology Under this Agreement, capacity-building and transfer of marine technology initiatives may include but are not limited to: (a) The sharing of relevant data, information, knowledge and research, in userfriendly formats, including: (i) The sharing of marine scientific and technological knowledge; (ii) The exchange of information on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction; (iii) The sharing of research and development results; (b) Information dissemination and awareness-raising, including with regard to: (i) Marine scientific research, marine sciences and related marine operations and services; (ii) Environmental and biological information collected through research conducted in areas beyond national jurisdiction; (iii) Relevant traditional knowledge in line with the free, prior and informed consent of the holders of such knowledge; (iv) Stressors on the ocean that affect marine biological diversity of areas beyond national jurisdiction, including the adverse effects of climate change, such as warming and ocean deoxygenation, as well as ocean acidification; (v) Measures such as area-based management tools, including marine protected areas; (vi) Environmental impact assessments; (c) The development and strengthening of relevant infrastructure, including equipment, such as: (i) The development and establishment of necessary infrastructure; (ii) The provision of technology, including sampling and methodology equipment (e.g., for water, geological, biological or chemical samples); 64 research and development capabilities, including in data management, in the context of activities with respect to marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction, measures such as area-based management tools, including marine protected areas, and the conduct of environmental impact assessments; (d) The development and strengthening of institutional capacity and national regulatory frameworks or mechanisms, including: (i) Governance, policy and legal frameworks and mechanisms; (ii) Assistance in the development, implementation and enforcement of national legislative, administrative or policy measures, including associated regulatory, scientific and technical requirements at the national, subregional or regional level; (iii) Technical support for the implementation of the provisions of this Agreement, including for data monitoring and reporting; (iv) Capacity to translate information and data into effective and efficient policies, including by facilitating access to and the acquisition of knowledge necessary to inform decision makers in developing States Parties; (v) The establishment or strengthening of the institutional capacities of relevant national and regional organizations and institutions; (vi) The establishment of national and regional scientific centres, including as data repositories; (vii) The development of regional centres of excellence; (viii) The development of regional centres for skills development; (ix) Increasing cooperative links between regional institutions, for example, North-South and South-South collaboration and collaboration among regional seas organizations and regional fisheries management organizations; (e) The development and strengthening of human and financial management resource capabilities and of technical expertise through exchanges, research collaboration, technical support, education and training and the transfer of marine technology, such as: (i) Collaboration and cooperation in marine science, including through data collection, technical exchange, scientific research projects and programmes, and the development of joint scientific research projects in cooperation with institutions in developing States; 65 a. The natural and social sciences, both basic and applied, to develop scientific and research capacity; b. Technology, and the application of marine science and technology, to develop scientific and research capacities; c. Policy and governance; d. The relevance and application of traditional knowledge; (iii) The exchange of experts, including experts on traditional knowledge; (iv) The provision of funding for the development of human resources and technical expertise, including through: a. The provision of scholarships or other grants for representatives of small island developing States Parties in workshops, training programmes or other relevant programmes to develop their specific capacities; b. The provision of financial and technical expertise and resources, in particular for small island developing States, concerning environmental impact assessments; (v) The establishment of a networking mechanism among trained human resources; (f) The development and sharing of manuals, guidelines and standards, including: (i) Criteria and reference materials; (ii) Technology standards and rules; (iii) A repository for manuals and relevant information to share knowledge and capacity on how to conduct environmental impact assessments, lessons learned and best practices; (g) The development of technical, scientific and research and development programmes, including biotechnological research activities. 66 τη βιώσιμη χρήση της θαλάσσιας βιοποικιλότητας σε περιοχές πέραν της εθνικής δικαιοδοσίας ΠΡΟΟΙΜΙΟ ΤΑ ΜΕΡΗ ΣΤΗΝ ΠΑΡΟΥΣΑ ΣΥΜΦΩΝΙΑ, ΥΠΕΝΘΥΜΙΖΟΝΤΑΣ τις σχετικές διατάξεις της Σύμβασης των Ηνωμένων Εθνών για το Δίκαιο της Θάλασσας της 10ης Δεκεμβρίου 1982, συμπεριλαμβανομένης της υποχρέωσης προστασίας και διατήρησης του θαλάσσιου περιβάλλοντος, ΤΟΝΙΖΟΝΤΑΣ την ανάγκη σεβασμού της ισορροπίας δικαιωμάτων, υποχρεώσεων και συμφερόντων όπως προβλέπεται στη Σύμβαση, ΑΝΑΓΝΩΡΙΖΟΝΤΑΣ την ανάγκη να αντιμετωπισθεί, με συνεκτικό τρόπο και συνεργασία, η απώλεια της βιοποικιλότητας και η υποβάθμιση των οικοσυστημάτων των ωκεανών, ιδίως λόγω των επιπτώσεων της κλιματικής αλλαγής στα θαλάσσια οικοσυστήματα, όπως η υπερθέρμανση και η αποοξυγόνωση των ωκεανών, καθώς και η οξίνιση των ωκεανών, η ρύπανση, συμπεριλαμβανομένης της ρύπανσης από πλαστικά, και η μη βιώσιμη χρήση, ΕΧΟΝΤΑΣ ΕΠΙΓΝΩΣΗ της ανάγκης να αντιμετωπισθεί καλύτερα το ζήτημα της διατήρησης και της βιώσιμης χρήσης της θαλάσσιας βιοποικιλότητας σε περιοχές πέραν της εθνικής δικαιοδοσίας από το ολοκληρωμένο παγκόσμιο καθεστώς της Σύμβασης ΑΝΑΓΝΩΡΙΖΟΝΤΑΣ τη σημασία της συμβολής στην υλοποίηση μιας δίκαιης και ισόνομης διεθνούς οικονομικής τάξης, η οποία θα λαμβάνει υπόψη τα συμφέροντα και τις ανάγκες της ανθρωπότητας στο σύνολό της και ιδίως τα ειδικά συμφέροντα και τις ανάγκες των αναπτυσσόμενων Κρατών, είτε αυτά είναι παράκτια είτε περίκλειστα, ΑΝΑΓΝΩΡΙΖΟΝΤΑΣ ΕΠΙΣΗΣ ότι η στήριξη προς τα αναπτυσσόμενα Κράτη Μέρη μέσω της ανάπτυξης ικανοτήτων και της ανάπτυξης και μεταφοράς θαλάσσιας τεχνολογίας αποτελούν ουσιώδη στοιχεία για την επίτευξη των στόχων της διατήρησης και της βιώσιμης χρήσης της θαλάσσιας βιοποικιλότητας σε περιοχές πέραν της εθνικής δικαιοδοσίας, ΥΠΕΝΘΥΜΙΖΟΝΤΑΣ τη Διακήρυξη των Ηνωμένων Εθνών για τα Δικαιώματα των Αυτοχθόνων Λαών, ΕΠΙΒΕΒΑΙΩΝΟΝΤΑΣ ότι καμία διάταξη της παρούσας Συμφωνίας δεν θεωρείται ότι περιορίζει ή καταργεί τα υφιστάμενα δικαιώματα των Αυτοχθόνων Λαών, μεταξύ άλλων, όπως ορίζονται στη Διακήρυξη των Ηνωμένων Εθνών για τα Δικαιώματα των Αυτοχθόνων Λαών ή, κατά περίπτωση, των τοπικών κοινοτήτων, ΑΝΑΓΝΩΡΙΖΟΝΤΑΣ την υποχρέωση που προβλέπεται στη Σύμβαση για την εκτίμηση, κατά το δυνατόν, των δυνητικών επιπτώσεων στο θαλάσσιο περιβάλλον από δραστηριότητες υπό τη δικαιοδοσία ή τον έλεγχο ενός Κράτους, όταν το Κράτος έχει βάσιμους λόγους να πιστεύει ότι οι δραστηριότητες αυτές μπορεί να προκαλέσουν ουσιώδη ρύπανση ή σημαντικές και επιβλαβείς μεταβολές στο θαλάσσιο περιβάλλον, ΕΧΟΝΤΑΣ ΕΠΙΓΝΩΣΗ της υποχρέωσης που προβλέπεται στη Σύμβαση για τη λήψη όλων των μέτρων που είναι απαραίτητα ώστε η ρύπανση που προκαλείται από περιστατικά ή δραστηριότητες να μην επεκτείνεται πέραν των περιοχών όπου ασκούνται κυριαρχικά δικαιώματα σύμφωνα με τη Σύμβαση, ΕΠΙΘΥΜΩΝΤΑΣ να ενεργούν ως θεματοφύλακες των ωκεανών σε περιοχές πέραν της εθνικής δικαιοδοσίας εξ ονόματος των σημερινών και των μελλοντικών γενεών, προστατεύοντας, μεριμνώντας και διασφαλίζοντας την υπεύθυνη χρήση του θαλάσσιου περιβάλλοντος, διατηρώντας την ακεραιότητα των ωκεάνιων οικοσυστημάτων και διατηρώντας την εγγενή αξία της βιοποικιλότητας των περιοχών πέραν της εθνικής δικαιοδοσίας, ΑΝΑΓΝΩΡΙΖΟΝΤΑΣ ότι η παραγωγή, η πρόσβαση και η χρήση ψηφιακών πληροφοριών αλληλουχίας σχετικά με θαλάσσιους γενετικούς πόρους των περιοχών πέραν της εθνικής δικαιοδοσίας, σε συνδυασμό με τον δίκαιο και ισότιμο καταμερισμό των οφελών που προκύπτουν από τη χρήση τους, συμβάλλουν στην έρευνα και καινοτομία και στον γενικό σκοπό της παρούσας Συμφωνίας, ΣΕΒΟΜΕΝΑ την κυριαρχία, την εδαφική ακεραιότητα και την πολιτική ανεξαρτησία όλων των Κρατών, Επίσημη Εφημερίδα της Ευρωπαϊκής Ένωσης EL Σειρά L 2024/1831 19.7.2024 ELI: http://data.europa.eu/eli/agree/2024/1831/oj 1/45 69 ΥΠΕΝΘΥΜΙΖΟΝΤΑΣ ΕΠΙΣΗΣ ότι, όπως ορίζεται στη Σύμβαση, τα Κράτη είναι υπεύθυνα για την εκπλήρωση των διεθνών τους υποχρεώσεων σχετικά με την προστασία και τη διατήρηση του θαλάσσιου περιβάλλοντος και ενδέχεται να έχουν υποχρέωση για αποζημίωση σύμφωνα με το διεθνές δίκαιο, ΔΕΣΜΕΥΟΜΕΝΑ για την επίτευξη βιώσιμης ανάπτυξης, ΕΠΙΔΙΩΚΟΝΤΑΣ την καθολική συμμετοχή, ΣΥΜΦΩΝΗΣΑΝ τα εξής:

«Περιοχικό μέτρο διαχείρισης» σημαίνει ένα μέτρο, συμπεριλαμβανομένης μιας θαλάσσιας προστατευόμενης περιοχής, για μία γεωγραφικά καθορισμένη περιοχή μέσω του οποίου πραγματοποιείται η διαχείριση ενός ή περισσότερων τομέων ή δραστηριοτήτων με σκοπό την επίτευξη συγκεκριμένων στόχων διατήρησης και βιώσιμης χρήσης σύμφωνα με την παρούσα Συμφωνία.

«Περιοχές πέραν της εθνικής δικαιοδοσίας» σημαίνει την ανοικτή θάλασσα και την Περιοχή.

«Βιοτεχνολογία» σημαίνει κάθε τεχνολογική εφαρμογή που χρησιμοποιεί βιολογικά συστήματα, ζώντες οργανισμούς ή παράγωγα αυτών για την παραγωγή ή τροποποίηση προϊόντων ή διαδικασιών για ειδική χρήση.

«Επιτόπια συλλογή», σε σχέση με τους θαλάσσιους γενετικούς πόρους, σημαίνει τη συλλογή ή δειγματοληψία θαλάσσιων γενετικών πόρων σε περιοχές πέραν της εθνικής δικαιοδοσίας.

«Σύμβαση» σημαίνει τη Σύμβαση των Ηνωμένων Εθνών για το Δίκαιο της Θάλασσας της 10ης Δεκεμβρίου 1982.

«Σωρευτικές επιπτώσεις» σημαίνει τις συνδυασμένες και τις επαυξητικές επιπτώσεις που προκύπτουν από διάφορες δραστηριότητες, συμπεριλαμβανομένων γνωστών προηγούμενων, υφιστάμενων και ευλόγως προβλέψιμων δραστηριοτήτων, ή από την επανάληψη παρόμοιων δραστηριοτήτων σε βάθος χρόνου, καθώς και τις συνέπειες της κλιματικής αλλαγής, της οξίνισης των ωκεανών και τις συναφείς επιπτώσεις.

«Εκτίμηση περιβαλλοντικών επιπτώσεων» σημαίνει τη διαδικασία για τον προσδιορισμό και την αξιολόγηση των δυνητικών επιπτώσεων μιας δραστηριότητας με σκοπό τη λήψη τεκμηριωμένων αποφάσεων.

«Θαλάσσιοι γενετικοί πόροι» σημαίνει κάθε υλικό θαλάσσιας φυτικής, ζωικής, μικροβιακής ή άλλης προέλευσης που περιέχει λειτουργικές μονάδες κληρονομικότητας πραγματικής ή δυνητικής αξίας.

«Θαλάσσια προστατευόμενη περιοχή» σημαίνει μία γεωγραφικά καθορισμένη θαλάσσια περιοχή, η οποία έχει θεσπισθεί και υπόκειται σε διαχείριση με σκοπό την επίτευξη συγκεκριμένων μακροπρόθεσμων στόχων διατήρησης της βιοποικιλότητας και όπου δύναται να επιτραπεί, κατά περίπτωση, η βιώσιμη χρήση, υπό την προϋπόθεση ότι συνάδει με τους στόχους διατήρησης.

«Θαλάσσια τεχνολογία»: περιλαμβάνει, μεταξύ άλλων, πληροφορίες και δεδομένα που παρέχονται σε μορφή φιλική προς τον χρήστη, σχετικά με τις θαλάσσιες επιστήμες και συναφείς θαλάσσιες δραστηριότητες και υπηρεσίες· εγχειρίδια, κατευθυντήριες γραμμές, κριτήρια, πρότυπα και υλικό αναφοράς· εξοπλισμό δειγματοληψίας και μεθοδολογίας· εγκαταστάσεις παρατήρησης και εξοπλισμός για επιτόπιες και εργαστηριακές παρατηρήσεις, αναλύσεις και πειράματα· υπολογιστές και λογισμικό υπολογιστών, συμπεριλαμβανομένων μοντέλων και τεχνικών μοντελοποίησης· σχετική βιοτεχνολογία· και εμπειρογνωσία, γνώσεις, δεξιότητες, τεχνική, επιστημονική και νομική τεχνογνωσία και μέθοδοι ανάλυσης που σχετίζονται με τη διατήρηση και τη βιώσιμη χρήση της θαλάσσιας βιοποικιλότητας. EL ΕΕ L της 19.7.2024 2/45 ELI: http://data.europa.eu/eli/agree/2024/1831/oj 70

«Οργανισμός περιφερειακής οικονομικής ολοκλήρωσης» σημαίνει έναν οργανισμό που έχει συσταθεί από κυρίαρχα Κράτη μιας δεδομένης περιοχής, στον οποίο τα Κράτη Μέλη του έχουν μεταβιβάσει αρμοδιότητες όσον αφορά θέματα που διέπονται από την παρούσα Συμφωνία και ο οποίος έχει δεόντως εξουσιοδοτηθεί, σύμφωνα με τις εσωτερικές του διαδικασίες, να υπογράψει, επικυρώσει, εγκρίνει, αποδεχθεί ή προσχωρήσει στην παρούσα Συμφωνία.

«Βιώσιμη χρήση» σημαίνει τη χρήση συστατικών της βιοποικιλότητας κατά τρόπο και κατά ποσοστά τέτοια που δεν οδηγεί σε μακροπρόθεσμη υποβάθμιση της βιοποικιλότητας, ενώ διατηρείται κατ’ αυτόν τον τρόπο η δυνατότητά της να ανταποκρίνεται στις ανάγκες και στις επιδιώξεις των σημερινών και των μελλοντικών γενεών.

«Χρήση θαλάσσιων γενετικών πόρων» σημαίνει τη διεξαγωγή έρευνας και ανάπτυξης με αντικείμενο τη γενετική και/ή βιοχημική σύνθεση θαλάσσιων γενετικών πόρων, μεταξύ άλλων μέσω της εφαρμογής βιοτεχνολογίας, όπως αυτή ορίζεται στην παράγραφο 3 ανωτέρω.

Η παρούσα Συμφωνία ερμηνεύεται και εφαρμόζεται υπό το πνεύμα της Σύμβασης και κατά τρόπο σύμφωνο προς αυτήν. Καμία διάταξη της παρούσας Συμφωνίας δεν θίγει τα δικαιώματα, τη δικαιοδοσία και τις υποχρεώσεις των Κρατών δυνάμει της Σύμβασης, μεταξύ άλλων όσον αφορά την αποκλειστική οικονομική ζώνη και την υφαλοκρηπίδα εντός και πέραν των 200 ναυτικών μιλίων.

Η παρούσα Συμφωνία ερμηνεύεται και εφαρμόζεται κατά τρόπο που δεν υπονομεύει συναφή νομικά κείμενα και πλαίσια και συναφείς παγκόσμιους, περιφερειακούς, υποπεριφερειακούς και τομεακούς φορείς και που προωθεί τη συνοχή και τον συντονισμό με τα εν λόγω κείμενα, πλαίσια και φορείς.

Το νομικό καθεστώς των μη συμβαλλομένων Μερών στη Σύμβαση ή σε οιαδήποτε άλλη συναφή συμφωνία δεν επηρεάζεται ως προς τα εν λόγω κείμενα, από την παρούσα Συμφωνία. ELI: http://data.europa.eu/eli/agree/2024/1831/oj 3/45 71 Η παρούσα Συμφωνία, συμπεριλαμβανομένων των αποφάσεων ή των συστάσεων της Διάσκεψης των Μερών ή οιουδήποτε επικουρικού οργάνου της, καθώς και οιεσδήποτε πράξεις, μέτρα ή δραστηριότητες που αναλαμβάνονται βάσει αυτής, δεν θίγουν ούτε δύνανται να χρησιμοποιηθούν ως βάση για τη διεκδίκηση ή την απόρριψη κυριαρχίας, κυριαρχικών δικαιωμάτων ή δικαιοδοσίας ή συναφών διεκδικήσεων, συμπεριλαμβανομένων τυχόν συναφών διαφορών.

Τα Μέρη συνεργάζονται στο πλαίσιο της παρούσας Συμφωνίας για τη διατήρηση και τη βιώσιμη χρήση της θαλάσσιας βιοποικιλότητας σε περιοχές πέραν της εθνικής δικαιοδοσίας, μεταξύ άλλων μέσω της ενίσχυσης και της βελτίωσης της συνεργασίας με συναφή νομικά κείμενα και πλαίσια και συναφείς παγκόσμιους, περιφερειακούς, υποπεριφερειακούς και τομεακούς φορείς, καθώς και μέσω της προώθησης της συνεργασίας μεταξύ τους για την επίτευξη των στόχων της παρούσας Συμφωνίας. EL ΕΕ L της 19.7.2024 4/45 ELI: http://data.europa.eu/eli/agree/2024/1831/oj 72 υποπεριφερειακών ή τομεακών φορέων.

Τα Μέρη προωθούν τη διεθνή συνεργασία στον τομέα της θαλάσσιας επιστημονικής έρευνας και στην ανάπτυξη και μεταφορά θαλάσσιας τεχνολογίας σύμφωνα με τη Σύμβαση, προς υποστήριξη των στόχων της παρούσας Συμφωνίας.

Οι διατάξεις της παρούσας Συμφωνίας εφαρμόζονται σε δραστηριότητες που αφορούν τους θαλάσσιους γενετικούς πόρους και τις ψηφιακές πληροφορίες αλληλουχίας σχετικά με θαλάσσιους γενετικούς πόρους σε περιοχές πέραν της εθνικής δικαιοδοσίας, οι οποίοι συλλέγονται και παράγονται μετά την έναρξη ισχύος της παρούσας Συμφωνίας για το αντίστοιχο Μέρος. Η εφαρμογή των διατάξεων της παρούσας Συμφωνίας επεκτείνεται στη χρήση των θαλάσσιων γενετικών πόρων και ψηφιακών πληροφοριών αλληλουχίας σχετικά με θαλάσσιους γενετικούς πόρους σε περιοχές πέραν της εθνικής δικαιοδοσίας, που συλλέχθηκαν ή παράχθηκαν πριν από την έναρξη ισχύος της Συμφωνίας, εκτός εάν κάποιο από τα Μέρη καταθέσει γραπτώς εξαίρεση δυνάμει του άρθρου 70 κατά την υπογραφή, κύρωση, έγκριση, αποδοχή της παρούσας Συμφωνίας ή κατά την προσχώρηση σε αυτήν.